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Permalink Reply by 1w1vl8clda7t4 on June 12, 2012 at 5:50pm

Here is the Dormant Minerals Act in layman's terms.

http://w***********/Article.aspx?ID=130

Permalink Reply by Kenny on June 16, 2012 at 8:17am

I understand that.  The Revised Code that I quoted pertains to old leases and the process to get them released if they are non-compliant.

The Dormant Mineral Act pertains to reclaiming mineral interests that were severed from the surface beyond 20 years ago.  Again, this is Ohio specific.

BGJ is trying to quote the Dormant Mineral Act as a way of cancelling old non producing leases and it's not, it is a vehicle to reclaim a severed mineral interest.  The Ohio Code that I quoted is the vehicle to have an old lease nullified and/or cancelled.

Permalink Reply by T.Fiore on June 13, 2012 at 1:33am

To be specific we bought the property 4yrs ago; so we are not the original lease holders of the old atlas lease.  I am in lawrence county PA.       As far as we know the property never had a well on it or was part of a drilling unit.   

How long does it take for a company to file a release?     

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Permalink Reply by 1w1vl8clda7t4 on June 13, 2012 at 2:12am

I'm speaking from the laws in Ohio...they're probably different in PA. I would seek out a highly reputable oil & gas attorney who has been practicing oil & gas law for some time...it will be worth it to pay the money now if you feel you have a good chance of being leased vs. being left out in the cold later. I am not an attorney, but in Ohio, it takes longer, and is more expensive, to do an "affidavit of forfeiture" than an “affidavit of non-compliance” or “affidavit of non-production” simply because of the time it takes for the title search and the time allowed for the former lessee to respond. Every land parcel is different, and will require different solutions. Seek out an attorney who will work with you and that you’re comfortable working with…that’s the best advice I can give you.  

 

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Permalink Reply by 0i7okn54zwbdo on June 13, 2012 at 2:47am

Now that Chevron owns that lease it'll probably take you quite a bit longer to get it fixed.

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Permalink Reply by 1w1vl8clda7t4 on June 16, 2012 at 10:09am

Marc marie, I'm not confused...and I'm sincerely sorry if I confused anyone....but I did say this in this disscussion:

'The "affidavit of non-compliance" has nothing to do with the dormant minerals act. It is basically stating that the landowners have never had a well or any production...it doesn't have to be 20 years before you can file it...' I put the link to the dormant mineral act explanation because you did not...I wasn't implying that the dormant minerals act had anything to do with the "affadavit of non-compliance." Again...I apologize for any confusion regarding this matter.

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Permalink Reply by T.Fiore on June 13, 2012 at 4:02am

Does anyone have any contact information for Chevron?     I'm going to let the lawyer handle it but it will help get the ball rolling.    Thanks! 

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Permalink Reply by 1w1vl8clda7t4 on June 13, 2012 at 4:07am

If your attorney is any good he'll know all the top producers contact info and know them on a first name basis. Let your attorney handle it...don't do something that can't be undone.

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Permalink Reply by 3uq96odaochmj on June 20, 2012 at 5:14am

No.  Most companies do not bother to properly and formally execute and record a "Surrender/Cancellation of Lease" at the courthouse.  Just have the new company prepare an "Affadavit of Non-Payment and Non-Production" citing the old lease (date, recording info., between which parties), and have you execute the document in the presence of a notary.  Then they will record this document.  This will show the whole world that you are affirming that 1) there was a prior lease on your tract, and 2) you have not been paid for anything since the lease term ran out.

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